In a perfect world, agreements would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise. But in the real world of business, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a successful contract from being carried out.
Has anyone committed a breach of contract with you or your business? What are your remedies for breach of contract? How would the common law, case law, or important legal documents affect your case? To address such critical issues and important questions, you need sound legal advice. Our business attorneys will be happy to deliver the guidance you need.
Types of Contract Disputes:
A Breach, or broken contract, occurs when a party to a contract fails to fulfill his or her obligation as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform his or her obligation under the contract.
• Real Estate Transactions
• Collections and Asset Recovery
• Employment Disputes
• Non-Competes Violations
• Partnership Disputes
• Non-Disclosure Violations
• Contract for Services
Type of Breaches:
Not all breaches are created equal. Among the most common causes for lawsuits in the U.S., breach of contract occurs in many ways. The law offers a variety of remedies for each such breach, designed to make the injured party whole. Court-ordered remedies for breach of contract cases are not meant to punish the breaching party, but to return the injured party to the position he would be in if the breach had not occurred.
Some breaches require immediate attention. Courts can sometimes provide extraordinary remedies for extraordinary situations. We have been thoughtful and aggressive in these cases, successfully obtaining temporary restraining orders and temporary injunctions where the harm created by the breach of contract is imminent, irreparable, and any remedy at law is simply inadequate. If you believe a temporary injunction is needed in your case or if you’ve been served with a temporary restraining order or temporary injunction, we can help.
1. Material Breach
2. Fundamental Breaches
3. Anticipatory Breach
4. Minor Breach
WHEN A BREACH OF CONTRACT OCCURS
Contracts form the basis of nearly every business relationship, whether they are with your employees, third party vendors, or customers. That means that a breach of contract can occur in all kinds of instances.
Regardless of the type of contract breach, you need to establish a few facts to build a credible case should you take the breach to court, and this can get tricky-especially if the contract was verbal or implied. In most breach of contract cases, you must verify that:
• The contract existed.
• The contract was broken.
• You lost money.
• The defendant (person or business you're challenging) was responsible.
Disputes often arise when one party fails to perform as promised as outlined in a legal contract. When that happens, you may have to sue to enforce your rights, or you may have to defend yourself if you are accused of breach of contract. Contract litigation and business lawsuits are often complex and complicated, which is why you should seek a skilled contracts lawyer to help you simplify the case and find your way.
The reality is that you and your business could be found liable in the event of a breach of contract, and you could face a number of negative consequences as a result. If you have a business deal with another party, they could choose to end it if you are found to be in breach. Another possibility is that you could be compelled to pay damages. In the event that you are on the receiving end of a breach of contract from someone else, it is up to you to hold the other party responsible.
RECOVERING DAMAGES FROM BROKEN CONTRACTS
If another party is in breach of contract with you, our business litigation attorneys can help you recover the full extent of damages for breach of contract. If you are accused of breaching a contract, our strong defense tactics and aggressive approach will maximize your chance of a successful outcome.
Regardless of whether you are bringing legal action against someone or are being brought to court for breach of contract by someone else, SSP’s business can help with legal advice and representation.